Can I File a Personal Injury Claim for a Workplace Accident?

Workplace injuries are not uncommon in Illinois, and they can have a lifelong impact on your physical health, enjoyment of life, and ability to earn a living. The good news is that workers’ compensation benefits are available to many who have suffered workplace accidents. The bad news is that workers’ compensation is not always adequate, and claims can be denied.

However, there is another option for some injured workers seeking more adequate compensation: a personal injury claim. Not every workplace injury qualifies for a personal injury claim, but don’t make any assumptions. Instead, take a moment to better understand how workplace personal injury claims in Illinois work and the legal help you have available to you.

Workers’ Compensation vs. Personal Injury Claims

Although they serve a similar purpose, workers’ comp and personal injury claims are two different things. Here’s what separates the two:

Workers’ Compensation

Workers’ compensation provides medical care, wage replacement, and other benefits to those who suffer work-related injuries in exchange for waiving the right to sue their employer for negligence. These benefits operate on a no-fault system, which means you don’t have to prove any negligence to receive them.

Personal Injury Claims

A personal injury claim is a way to pursue compensation from someone whose negligence caused you injuries and financial damage. These cases are based on fault, meaning you must prove the responsible party’s negligence to receive compensation. That compensation can include medical expenses, lost wages, pain and suffering, and emotional distress related to your accident.

When Can You Pursue a Personal Injury Claim for a Workplace Accident?

While Illinois law limits your ability to sue your employer for a workplace accident, it does not restrict you from seeking compensation from a third party whose negligence contributed to your injury. Some common instances of third-party liability in workplace accidents include:

• Property Owners –Property owners are legally required to maintain reasonably safe premises. If you’re injured while working on someone else’s property and unsafe conditions were to blame, you may have grounds for a premises liability claim. 
• Product Manufacturers – If you were injured by a machine or tool that malfunctioned due to poor design or manufacturing, you may have a product liability claim against the manufacturer.
• Motor Vehicle Operators – If driving is part of your job, and your injuries resulted from an accident caused by another driver, that driver may be held liable through a personal injury claim.
• Subcontractors – If your injuries were caused by the negligence of another company contracted to work on your job site, you may have a claim against them.

Establishing liability and proving your claim in all these cases can be complicated. An experienced personal injury attorney can help you by investigating your accident and working with experts to determine who was responsible and seek maximum compensation. 

Why File a Personal Injury Claim? 

While workers’ compensation benefits can make a difference, they’re limited, and they rarely cover the full extent of the damage the accident caused. Workers’ comp benefits include:

• Medical bills
• A percentage of lost wages
• Temporary or permanent disability

However, workplace accidents can impact far more than just your wallet, and workers’ compensation only covers financial losses. Personal injury claims, on the other hand, offer more comprehensive compensation. Personal injury claim compensation might include:

• Medical expenses
• 100 percent of your lost wages
• Future loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

You may also have your workers’ compensation claim denied, in which case a personal injury claim may be your only legal option for recovering the compensation you deserve.

Contact a Workplace Injury Attorney Today

If your workers’ compensation benefits are inadequate, or your claim was denied altogether, don’t lose hope. The team at The Law Offices of Goldfine & Bowles, P.C., can help you seek justice and fair compensation for your injuries. Contact us today for your consultation.